The workings of electoral democracy face many challenges that
separate the democracy’s virtues from the sordid realities that need to
be admitted and rectified.
Transformation Malaysia
IN a democracy, the government
must be representative of the people and answerable, responsible and
accountable to the wishes of society. Elections are one aspect of this
accountability.
Unfortunately, the electoral exercise in all
democracies is so colossal, involves so many details, so many people
(240,000 workers for the forthcoming elections) and so much money
(RM400mil) that it is extremely vulnerable to manipulation and
malpractices.
Despite democracy’s undoubted virtues, the sordid realities of the electoral exercise need to be noted and rectified.
A genuinely democratic electoral process must possess the following salient features.
First,
there must be in existence constitutional provisions for the existence,
composition and tenure of legislative assemblies. These are provided
for in detail in our federal and state constitutions.
Second, the electoral system must translate votes into parliamentary seats.
Two
main types of electoral systems exist – the simple plurality system and
the system of proportional representation. In the simple plurality
system, the candidate obtaining the most votes is declared elected.
There
is no requirement that he must obtain more than 50% of the votes
polled. In a three-cornered contest, the “winner” may capture the seat
with only a minority of the votes.
In addition to
non-representative outcomes in individual constituencies, the simple
plurality system permits a massive disparity at the national level
between the percentage of votes polled and the percentage of
parliamentary seats won.
For example in 2004, Barisan Nasional
won 63.9% of the popular vote but 90.4% of the Dewan Rakyat seats. In
Britain in the 70s, the victorious Labour party won only 37% of the
popular vote but a working majority in Parliament.
In contrast,
in the proportional representation system, parliamentary seats are given
to parties in proportion to the percentage of popular votes obtained by
them.
The positive outcome is that the legislature is truly representative.
But
the negative feature of a proportional representation system is that a
large number of political parties join the fray and none command a firm
majority in the legislature. Instability, frequent change of government
and gridlock result.
Third, democracy requires that a fair and
impartial machinery for delineating and revising electoral
constituencies must be in place.
Every citizen’s vote must carry
equal weight. This means that in principle, all constituencies must be
approximately equal in population size.
Unfortunately, if this
ideal were to be strictly followed, all constituencies in rural areas,
in hilly terrains as in Pahang, and in territorially large but thinly
populated states as in Sabah and Sarawak will have very few MPs.
The
Constitution in 1957, therefore, allowed a measure of weightage to be
given to rural constituencies. Unfortunately, how much weightage may be
given is no where specified and wide disparities exist.
The
largest parliamentary constituency is Kapar, Selangor, with 144,369
voters; the smallest is Putrajaya with 15,355 voters – i.e. 9.4 times
smaller. In Perak, the largest is Gopeng with 97,243 electors; the
smallest is Padang Rengas with 28,572 – a difference of 3.4.
Fourth, a fair and impartial machinery for drawing up an electoral register is necessary.
In
Malaysia, it is the job of the Election Commission to draw up the
electoral register impartially, to ensure that no one is denied the
right to vote, that there are no phantom voters or persons who have
died, that no non-citizens are allowed to register, that voters satisfy
the requirement of residence in their constituency and that no one
registers in more than one electoral district.
Fifth, the law
must permit universal adult franchise (right to vote). Regrettably, our
voting age (21 on the date of registration) is very high. Consequently,
nearly 55% of the population is rendered ineligible to vote. We need to
reduce this proportion. There is also no automatic registration.
Many
citizens are apathetic and do not register as voters. Some who do fail
to show up on election day because voting is not compulsory.
We have 13.3 million registered voters who constitute only 46% of our population of 28.9 million.
If
one were to deduct those who do not show up, this leaves only 34.5% of
the population that participates in democracy’s showcase event! We must
find ways to increase this proportion.
Sixth, there must be legal rules for the eligibility of candidates and for the nomination of contestants. These exist in detail.
Seventh,
there must be rules about the limits on the powers of caretaker
governments. In the case of PP v Mohd Amin Razali (2002), the court
provided some guidance. We could also emulate conventions from the
Commonwealth.
Eighth, legal and conventional rules exist for the
conduct of election campaigns, duration of the campaign period and
rights of political parties to reach out to the electorate. Ninth,
election expenses are controlled so that the electoral exercise does not
degenerate into a battle of cheque books.
In Malaysia, the law
puts a ceiling on the expenditure by individual candidates (RM100,000
for state and RM200,000 for federal seats) and imposes a duty to
maintain a record of contributions and filing of audited statements of
expenditure.
However, there is no control on what political parties may spend or receive by way of donation.
Tenth, the Constitution confers safeguards for freedom of speech, assembly and association.
In
many democratic countries, there are provisions for equal access to the
media for all contestants. In Malaysia, media monopoly is a serious
problem.
The Internet is, however, open to everyone and provides an alternative, though not always reliable, source of information.
In
sum, though democracy is the best form of government, there can be no
denying that behind the folklore of electoral democracy stand many myths
and many utilitarian compromises. Every where in the world electoral
reform is being called for. Unfortunately, there are no quick-fix,
simple solutions.
For this GE, many improvements, like extension
of postal votes to those abroad and use of indelible ink, speak well of
the recognition of the need for reform. But the challenges are many and,
in some cases, fundamental.
What one can hope for is that as in
the past our electoral exercise will remain peaceful and that its result
will provide a strong and stable government to lead us forward.
> Shad Saleem Faruqi is Emeritus Professor of Law at UiTM
How to casting Your Vote?
Check & Print out:
Check on-line first (http://daftarj.spr.gov.my/semakpru13.aspx)
and print out your details before going to the voting center. You may
be able to by-pass the Barung counter since you have a printout and know
where to go and thus short cut your time.
How to hold your ballot paper?
Shaken indelible ink:
Failure
to shake the bottles vigorously has caused the ink used for polling to
be washed off easily, the Election Commission clarified, referring to
several cases during advance voting which are causing a stir in the
social media. The EC gave assurance that those who have cast their
ballots will not vote again on Sunday.
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Anwar Ibrahim at Han Chiang High School
